Bus, Train, Plane Accidents

Mass transit accidents (bus, subway, train) are far more common than we would like to think. The emotional and physical toll on the victims can be overwhelming. As experienced accident attorneys we can guide the victims through every step of the legal process and get you the compensation you deserve.

Train Accidents

On February 24, 2015, a Metrolink commuter train collided with a truck. Initial reports stated that at least 30 people were injured.  Several injured passengers were taken to the hospital to be treated for significant head trauma and extremity trauma to neck and back injuries. Police said at least four people were critically injured.  

On October 1, 2008, an Amtrak train carrying about 169 passengers derailed after colliding with a big rig truck. At least 20 passengers suffered serious injuries. The Metrolink rail disaster that occurred on September 12, 2009, was the nation’s deadliest in 15 years. This train wreck hospitalized 86 riders and killed 25 people. This crash of a Metrolink commuter train and a freight train left such a mass of smoldering, twisted metal that it took nearly a day to recover all the bodies. (LA Times) Countless lives may never be the same. Metrolink officials reported that a train engineer’s failure to heed a red light signal apparently caused the catastrophic head-on crash.

Train accidents can occur due to several factors. Human factors such as automobile driver negligence crossing the tracks at the wrong time or train operator negligence can be a serious injury or fatal result for passengers. Equipment failures on the train or vehicles abandoned on the tracks are additional hazards.

Plane Accidents

Airplane accidents whether they are from commercial jetliners, commuter planes or helicopters frequently involve mass casualties. The results are almost always devastating to the families of the victims. Any number of factors can cause or contribute to an airplane accident. Representing airplane accident victims and their families, the attorneys at Cheong & Denove leave no stone left unturned. Our attorneys have a successful record of handling the most complex litigation cases.

Bus Accidents

Whether school bus, charter bus or city transportation, bus accidents can occur without warning, for many reasons. The news report on bus accidents for several reasons. Serious injuries occur from buses overturning on off-ramps from excessive speed, sudden stops, driving on bald tires, collisions with other vehicles and accidents caused by undertrained or negligent bus drivers. Serious injuries also occur when passengers are boarding or exiting a bus.

In August 2012, nearly three dozen passengers were hurt after a Blue Line train hit a Metro bus near downtown Los Angeles. A few weeks later a passenger car collided with a city bus and sent twelve people to the hospital. On July 4th, a casino bus collided with a median sending 24 people to the hospital. In 2013 more than a dozen died in a crash when a drowsy driver lost control and hit a signpost, cutting the bus nearly in half.

Bus accident legal claims bring all of the legal challenges of car and accident claims along with numerous additional challenges. It is important that those who have been injured in a bus accident understand their rights including the statute of limitations on bus injury claims. As experienced bus accident attorneys we can guide the victims through every step of the litigation process and get you the compensation you deserve.

Higher Standard of Care

Under Negligence Law, a defendant must use reasonable care to prevent harm to others. When the defendant is a common carrier, such as the City Buses, Metrolink, Amtrak and major Airlines, the law requires them to use the highest care and the vigilance of a very cautious person. In fact, the common carrier must do all that human care, vigilance, and foresight can do under the circumstances to avoid harm to passengers or property. CACI 902

(CACI are the approved jury instructions from the Judicial Council of California. Jury instructions are read to the jury by the judge and establish the law the jury must follow in deciding the case. A partner of Cheong & Denove has been formally recognized as one of the attorneys who assisted the task force in the preparation of these jury instructions.)

Not only must the common carrier use the highest care in transporting passengers and property, but it must use the highest care in constructing, servicing, inspecting and maintaining their vehicles and equipment for transporting passengers or property. CACI 903

The common carrier has the duty to exercise the highest care to its passengers and property. If the common carrier injures a non-passenger or property that it was not transporting, the duty owed is that of ordinary care.

Conclusion

Buses, trains and planes are responsible for a greater number of serious injuries compared to other forms of accidents. Due to the seriousness of the injuries, the clients must often go to trial to recover just compensation.

The attorneys at Cheong & Denove have lectured extensively and have authored articles on liability, damages and trial practice.

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